The simple answer is that not all medication errors are considered malpractice. There are a number of variables which are important to look at when determining medication errors.
It is rarely a cut and dry case of simply administering the incorrect medication. It must first be proven that the person supplying the medication acted in a negligent manner.
Acceptable Risk
An acceptable risk is a scenario whereby a common medication is provided without any foreseeable risks to the patient. For instance, if a nurse provides you with a medication, it is expected that she or he will check whether you are allergic to any of the ingredients in the particular pain medication you are being offered. If you indicate that you are not allergic and you consent to taking the medication, you are taking an acceptable risk that you will not have a negative reaction to the medication offered.
Adverse Events
An adverse event is a reaction that is not foreseeable under the best care and therefore neither the manufacturer nor the administrator of a medication can be held responsible for the event. It is generally accepted in medical science that unforeseeable adverse events can occur during the course of taking a prescribed medication. A general practitioner cannot be held responsible for an adverse event as not every medication is deemed 100% safe at any given time. An adverse event that occurs during the course of taking properly prescribed medication and is therefore not a form of negligence.
Prescribing Errors
With regard to prescribing errors, there is an acceptable threshold within which a practitioner can make mistakes. If the practitioner – or the person administering a medication – is found to be negligent in their duty, you as the injured party have a right to seek compensation for your injuries.
Negligence Lawsuits
There are two main purposes of negligence lawsuits: (1) to ensure that you, the plaintiff, obtains compensation that reflects the injury you have endured due to a medication error, and (2) that any parties involved in the distribution or administration of medications exercise caution in the future when providing medication to the public.
As the injured party, you have a right to investigate the circumstances of your injury. Your health may have been compromised due to negligence from a medication error. Without representation from a malpractice attorney who has experience in this area, you run the risk of pursuing a frivolous lawsuit or pursuing a meritorious lawsuit improperly.. With the right malpractice attorney fighting in your corner, you have a better chance of successfully pursuing a claim due to medication error negligence.
Determining Negligence
You will need evidence of negligence on the part of the person who supplied or administered the medication before you can launch a case that has any chance of success. If you have consulted with a malpractice lawyer who has guaranteed you a cash reward, you may want to reconsider your options. Nothing is guaranteed when it comes to medical error cases and it is always better to hire an experienced attorney over one who promises you the world but delivers a placebo.
Given the number of ways that the medical industry provides protections for employees, establishing negligence really comes down to how good your attorney is at negotiating the vital points of your case. You will need strong representation if you hope to take on a large hospital in a legal battle over medication errors.
Complex Laws
Medication errors are a tricky area of law. When attempting to sue a party or organization for negligence, it is important to have a competent attorney representing you. The laws surrounding medication errors rely on a reasonable margin for error.
You will need representation from an attorney who understands the laws surrounding medication errors. Always seek representation from a reputable attorney with the experience and knowledge that you need to fight your case.
Nelson & Hammons can provide professional and caring representation in your fight for justice. If you have been the victim of medication errors, reach out to our team today for a free consultation with no obligations. We are here to fight for you and your needs.